Statue of limitations

[bobo60]

What is the name of your state (only U.S. law)? NC

im currently living in nc, i have been since 2004. i received a call today from a debt collector, for a medical bill i owed, when i lived in ny, in 2002. my question is, isnt there a statue of limitations on how long this debt can be legally persued? i havent received any letters from any debt collectors about this debt, since ive been in nc. i really dont remember owing this money. can this company legally try to collect this debt from me?

thank you

robert

 

[racer72]

Yes, there is a statute of limitations. But it does not apply to you, the SOL clock stopped when you left New York. The SOL has nothing to do whether it is legal to collect the debt, it is just a positive defense if it applied to your situation. Which is doesn't in your case.

 

[bobo60]

..ok. so what does it mean? does the sol clock start over since i moved to nc in 2004? it will still be around 7yrs, if the sol clock was reset in 2004. i know that the debt is probably valid, but does the debt collection company still have the right to sue me, like putting a lien against my house, or attach a lien against my bank accounts? i can stop the communications from them with a letter of cease and desist if they becaome bothersome, but i dont want a lien agaginst my personal property.

robert

 

[Zigner]

..ok. so what does it mean? does the sol clock start over since i moved to nc in 2004? it will still be around 7yrs, if the sol clock was reset in 2004. i know that the debt is probably valid, but does the debt collection company still have the right to sue me, like putting a lien against my house, or attach a lien against my bank accounts? i can stop the communications from them with a letter of cease and desist if they becaome bothersome, but i dont want a lien agaginst my personal property.

robert

It means that the statute of limitations "clock" stops running when you left the state. It doesn't reset. It just stops. THAT means it stops at 2 years. The debt is still within the statute of limitation.

 

[justalayman]

there is a possibility it continued to run in one way. If NC has a borrowing statute where they borrow the sol of NY and apply it to a suit against you, it would be possible the SOL has run. I have not researched to determine in NC has a borrowing statute though but I believe they do have some form of borrowing statute.

The other problem is; should you return to NY as a resident, since their statute if limitations had tolled, you could still be sued for another 4 years after re-establishing residency.

 

[Prima Facie]

Greetings -

The statute of limitations is a defense to a lawsuit; it is not a prohibition on collection activity. So, even if a debt is well outside the applicable statute of limitations, the creditor and his debt collector may contact you for payment. If you would like the debt collector to stop contacting you, then you can send a written letter stating that you wish the debt collector to cease further communication with you. It may then sue you or cease collection efforts. (See 15 U.S.C. § 1692c(c)).

If you are sued, then you may invoke the statute of limitations as a defense. Since your debt is for unpaid medical bills, the creditor's cause of action against you is most likely breach of contract. You can be sued in either New York or North Carolina, and the forum state's statute of limitations generally applies. If you are sued in North Carolina, then you may invoke the 3 year statute of limitations as a defense. (See N.C.G.S. § 1-52(1)). If you are sued in New York, then you may invoke the 6 year statute of limitations as a defense. (See C.P.L.R. § 213(2)).

Importantly, the New York statute of limitations continued to run even though you moved outside the state. (See Salamon v. Friedman, 783 NYS2d 651 (N.Y. App. Div., 2004).

I hope that helps. Good luck!

 

[Wanda June]

Every answer here has, of course, been incorrect.

The correct answer is that no such thing as a statue of limitations exists in a legal sense.

There may be one or two sitting around some city park with pigeons pooping on them, but they have nothing to do with the law.

 

[Country Living]

Every answer here has, of course, been incorrect.

The correct answer is that no such thing as a statue of limitations exists in a legal sense.

There may be one or two sitting around some city park with pigeons pooping on them, but they have nothing to do with the law.

So... you had absolutely nothing to do today except post this idiotic answer. We knew what the OP meant.

 

[Wanda June]

So... you had absolutely nothing to do today except post this idiotic answer. We knew what the OP meant.

To quote CBG: "Because the exact words make a very great difference in the law."

 

[Zigner]

Importantly, the New York statute of limitations continued to run even though you moved outside the state. (See Salamon v. Friedman, 783 NYS2d 651 (N.Y. App. Div., 2004).

Would you like to explain this? How, exactly, does that case apply to THIS case?

 

[TigerD]

Would you like to explain this? How, exactly, does that case apply to THIS case?

It doesn't.

DC

 

[Prima Facie]

Would you like to explain this? How, exactly, does that case apply to THIS case?

Hello. Yes, I would be happy to explain the relevance of Salamon.

The case states that the limitations period does not toll due to a defendant's absence from New York where jurisdiction may be obtained through use of the long-arm statute.

New York's long arm statute could have been used to obtain jurisdiction over bobo60 while in North Carolina because he transacted business within New York when he incurred the debt. (See C.P.L.R. § 302(a)1).

 

[Zigner]

Hello. Yes, I would be happy to explain the relevance of Salamon.

The case states that the limitations period does not toll due to a defendant's absence from New York where jurisdiction may be obtained through use of the long-arm statute.

New York's long arm statute could have been used to obtain jurisdiction over bobo60 while in North Carolina because he transacted business within New York when he incurred the debt. (See C.P.L.R. § 302(a)1).

You misunderstand the long arm statute.

 

[Prima Facie]

You misunderstand the long arm statute.

Really? How so?

 

[bobo60]

thank you all for responding.
sooo...is it safe to say that a company has bought my judgement, probably for pennies on the dollar, that was valid in 2002, and now almost 11 years later, are trying to collect? and if i send them a letter of cease and desisit, they will have the option to rather sue me, or leave me alone? my main concern is wether the collection agency can put a lien against anything i own, without suing me. as far as the debt being on my credit report, so be it. i will just send a letter of cease and desist, and if the debt collection agency files suit agaist me, then i will try and use the sol, as a defence. it seems to me, that for the amount of the debt owed, $500, that legal action on the part of the debt collection agency, might cost them more than its worth.

bob